Affairs Management
The following general powers replaced the Lunacy Regulation Act. Functions of the High Court are exercisable under the following provisions: after considering medical evidence, the court is satisfied that a person is incapable of managing and administering his property and affairs by reason of medical disorder.
Where it is represented to the court and the court has reason to believe that a person may be incapable by reason of mental disorder of managing and administering his affairs and the court is of the opinion that it is necessary to make intermediate provisions for any of the matters referred to below, pending the determination of the question, the court may exercise in relation to the property and affairs of the person any of the powers referred to below.
The court may in relation to the property and affairs of a patient do or secure the doing of all things as may be necessary or expedient for the maintenance or for the benefit of the patient whose members of his family making provision for other persons for whom the patient might be expected to provide if he were not mentally disordered or otherwise for administrated in place of care.
In exercising powers under the legislation, regard is to be had first of all to the requirements of the patient. The court in administering the patient’s affair shall have regard to the interest of creditors and the desirability in making provision for obligations of the patient, notwithstanding that they may not be legally enforceable.
The courts have powers to make such orders and give such directions as it thinks fit under the legislation. In particular, it may give orders and direction and authority for:
- control with or without transfer of property or payment of lodgment into court of monies and securities and management of any property of the patient;
- sale, exchange and charging of any property of the patient, acquisition of property in the name of the patient, settlement of property;
- execution of a will for the patient, making provision which he could have made by will if he were not mentally disordered; carrying on by a suitable person of any profession, trade, or business of the patient;
- dissolution of a partnership of which the patient is a member,
- carrying out of a contract entered by the patient,
- conduct of legal proceedings in the name of the patient,
- reimbursement out of the property of the patient with or without interest of money applied by any person in or towards his debts for his maintenance or other benefit or for the benefit of members of his family or in making provision for others or purposes for whom or which he might be expected to provide if he was not mentally disordered;
- exercise of any power that is beneficially vested in him or his guardian or trustee or otherwise.
Where a court makes an order or authority directing or authorizing a person to execute a will for the patient, the will executed in pursuance of the order shall be expressed to be signed by the patient acting by the authorized person. It shall be signed by the authorized patient, with the name of the patient and his own name, in the presence of two or more witnesses present at the same time, attested and subscribed by those witnesses in the presence of an authorized person and sealed with the official seal of the court, office of care and protection.
A court may appoint as a controller for a patient any person specified in the order or the holder for the time being of an office so specified. A person appointed as a controller shall do such things in relation to the property and affairs of the patient as the court in the exercise of the powers conferred above orders or directs him to do and he may do such thing in relation to the property and affairs of the patient as the court authorizes him to do.
A controller appointed for any person shall be discharged by the order of the court on the court being satisfied that the person has become capable of managing and administering his property and affairs. He may be discharged by order of the court at any time if the court considers it expedient.
The controller shall be discharged without order on the death of the patient. There are provisions for the transfer of stock held in the name of a mentally disordered person. The court may direct stock standing in his name or rights to receive income be transferred to the name of a person so appointed or otherwise dealt with as requested by that person.
Where any property is transferred under the legislation or under the will of intestacy, any person who has taken an interest in the property put for disposal shall take the same interest insofar as the circumstances allow in any property belonging to the estate which represents the property disposed of. It is deemed to be treated as if it is real property.
Where the court has directed or authorized expenditure in carrying out permanent improvements for the benefit of the property of a patient, it may order the whole or part of the money expended to be charged on the property. The Lord Chief Justice appoints visitors of patients consist of the following: panel of medical visitors, panel of legal visitors, panel of general visitors.
Each panel is appointed by the Lord Chief Justice. Members of the medical visitors must be medical practitioners who have special knowledge of medical. Legal visitors must be solicitors or barristers of 10 years standing. Patients shall be visited by Lord Chief Justice’s visitors in such circumstances as may be prescribed or directions of a standing nature by Master (care and protection) with the concurrence of the Lord Chief Justice.
Where it appears to the court, in the case of a patient, that a visit by a visitor is necessary for the purpose of investigating any particular matter or matters relating to the capacity of the person to manage and administer his property or affairs or otherwise, the court may order that the patient shall be visited. Every visitor shall be made by a general visitor unless in the case where it appears to the court that the circumstances make it essential that the visitor have legal, medical or legal qualifications, the court directs, it shall be made by a medical or legal visitor as the case may be.
A visitor making a visit is to make such a report on the visit as the court may direct. The visitor may interview the patient in private. He may carry out medical examinations in the case of a medical visitor and may require production of medical records. The Master of Care and Protection may visit any patient for the purpose of the legislation and interview him or her in private. A report made by a visitor and the information contained in a report will not be disclosed itself by court order.
Where any board ought so as to satisfy that any person within its area is incapable by reason of mental disorder of managing and administering his property and affairs, that any of the powers of the courts above should be exercised and that arrangements in that behalf have neither been made nor are being made, it is the duty of the trust or board to notify the Office of Care and Protection of those matters.
Where a trust is satisfied that any person in a hospital managed by the trust is incapable by reason of mental disorder of managing and administering his properties or affairs and that the above powers ought to be exercised, and arrangements have not been done to do so, it is the duty of the trust to notify the Office of Care and Protection. Summary duty applies to the persons carrying on the business of a nursing home, residential care home, or private hospital. Same provisions apply to RQIA.